(Rohinton Fali Nariman and Navin Sinha, JJ.)
Neelam Chaturvedi ________________________________ Petitioner;
v.
State of Uttar Pradesh and Others __________________ Respondent(s).
Special Leave Petition (Criminal) Diary No(s). 16185/2020, decided on August 5, 2020
(For Admission and I.R. and IA No. 72325/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 72324/2020-Exemption From Filing O.T. and IA No. 72326/2020-Exemption From Filing Affidavit and IA No. 72323/2020-Permission To File Petition (SLP)
Special Leave Petition (Criminal) Diary No(s). 16185/2020; MB No. 12149/2020; IA No. 72325/2020; IA No. 72324/2020; IA No. 72326/2020; and IA No. 72323/2020
The Order of the court was delivered by
Order
1. Permission to file special leave petition is granted. Having heard the learned counsel for the petitioner at some length and having perused Section 438 CrPC, as it applies to the State of U.P., we issue notice.
2. There shall be stay of the operation of the impugned order1 except the following: (Shailendra Singh Chauhan case1, SCC OnLine All para 7)
“7. As an interim measure, the competent court is hereby directed to pass necessary orders on the pending application so that the investigating agency may assume possession of the relevant material which may have a bearing upon the case. As an abundant caution, we provide that an appropriate order to this effect may be passed so that there is no tampering with the evidence of the case.”
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1 Shailendra Singh Chauhan v. State of U.P., 2020 SCC OnLine All 890
